Gesetzesbindung des Richters und Rechtsweggarantie im Mehrebenensystem

The internationalization of law leads to difficulties for judges in finding the applicable rule. This is a potential threat to the right to judicial review, which includes the right to a correct decision. The fact that in some cases judges are not only subject to international law but also to its interpretation by international bodies reduces this threat, but also the right to judicial review of the law concerned. Meinhard Schröder examines the resulting tension between the constitutional principles of judicial submission under the law and the right to judicial review with a focus on the review of legal provisions which were not created by the national legislative body.